These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and KyberSecure B.V., a company registered in the Netherlands ("we," "us," or "our"), concerning your access to and use of the kybersecure.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site" and "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.
These Terms apply to all visitors, users, and others who access or use our Services.
In these Terms, the following definitions apply:
To use certain features of our Services, you may need to register for an Account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
You must be at least 18 years old to create an Account and use our Services. By creating an Account, you represent and warrant that you are at least 18 years old.
You may not create more than one Account without our express permission. We reserve the right to terminate any duplicate Accounts.
We reserve the right to suspend or terminate your Account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your Account at any time by contacting our customer service.
KyberSecure provides cybersecurity services, including but not limited to cybersecurity consulting, encrypted cloud implementation, password management solutions, security assessments, and employee security training.
We make every effort to accurately describe our services. However, we do not warrant that service descriptions or other content on the Site is accurate, complete, reliable, current, or error-free.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.
Specific service level agreements, deliverables, and performance metrics will be outlined in separate agreements between KyberSecure and clients. These Terms govern the use of our website and general service provisions.
You agree to pay all fees associated with the Services you purchase. All fees are in Euros unless otherwise specified and are exclusive of applicable taxes unless stated otherwise.
We accept various payment methods as indicated during the checkout process. By providing a payment method, you represent that you are authorized to use the payment method and authorize us to charge your payment method for all services you purchase.
For business services, we typically issue invoices with payment terms of 30 days from the invoice date, unless otherwise specified in a separate agreement.
Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
You are responsible for paying all taxes associated with your purchase of our Services, excluding taxes based on our net income.
The Site and its original content, features, and functionality are owned by KyberSecure and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal or internal business purposes.
You may not:
If you provide us with any feedback or suggestions, you hereby assign to us all rights in such feedback and agree that we have the right to use and fully exploit such feedback in any manner we deem appropriate.
You are solely responsible for any Content you post, upload, publish, submit, or transmit through our Services ("User Content"). By making available any User Content through our Services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing our Services.
You may not post User Content that:
We have the right, but not the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
These Terms will remain in full force and effect while you use the Services.
We may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
You may terminate these Terms at any time by discontinuing use of our Services and closing your Account.
Upon termination, your right to use the Services will immediately cease. If your Account is terminated for any reason, you will no longer have access to your Account and all information and content associated with your Account.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KYBERSECURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KYBERSECURE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KYBERSECURE MAKES NO GUARANTEES ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL KYBERSECURE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED EUROS (€100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless KyberSecure, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
Before filing a claim against KyberSecure, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or KyberSecure may pursue formal proceedings.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Amsterdam, Netherlands, and you hereby consent to personal jurisdiction and venue in those courts.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.
If you have any questions about these Terms, please contact us at:
KyberSecure B.V.
6 Miller Cape East Selina
DN15 9AU
United Kingdom
Email: legal@kybersecure.com
Phone: +440754427946